South Australian Current Acts

LOCAL GOVERNMENT ACT 1999

TABLE OF PROVISIONS

           Long Title

           Chapter 1--Preliminary

   1.      Short title
   3.      Objects
   4.      Interpretation
   5.      Business purposes

           Chapter 2--The system of local government

   6.      Principal role of a council
   7.      Functions of council
   8.      Principles to be observed by council

           Chapter 3--Constitution of councils

   PART 1--Creation, structuring and restructuring of councils

           Division 1--Powers of the Governor

   9.      Governor may act by proclamation
   10.     Matters that may be included in a proclamation
   11.     General provisions relating to proclamations

           Division 2--Powers of councils and representation reviews

   11A.    Number of members
   12.     Composition and wards
   13.     Status of a council or change of various names

   PART 2--Reform proposals

           Division 3--Principles

   26.     Principles

           Division 4--Procedures for proposals

   27.     Preliminary
   28.     Commission to receive proposals
   29.     Commission to deal with proposals
   30.     Inquiries--administrative proposals
   31.     Inquiries--general proposals
   32.     Notification of outcome of inquiries
   32A.    Powers relating to inquiries
   32B.    Costs
   32C.    Inquiries--independence of Commission etc

   PART 3--General provisions

   33.     Ward quotas
   34.     Error or deficiency in address, recommendation, notice or proclamation

           Chapter 4--The council as a body corporate

   PART 1--Fundamental features

           Division 1--Council to be a body corporate

   35.     Corporate status
   36.     General powers and capacities
   37.     Provision relating to contracts and transactions
   38.     The common seal
   39.     Protection of members
   40.     Saving provision

           Division 2--Committees

   41.     Committees

           Division 3--Subsidiaries

   42.     Ability of council to establish a subsidiary
   43.     Ability of councils to establish a regional subsidiary

           Division 4--Delegations

   44.     Delegations

           Division 5--Principal office

   45.     Principal office

   PART 2--Commercial activities and restrictions

   46.     Commercial activities
   47.     Interests in companies

   PART 3--Prudential requirements for certain activities

   48.     Prudential requirements for certain activities

   PART 4--Contracts and tenders policies

   49.     Contracts and tenders policies

   PART 5--Public consultation policies

   50.     Public consultation policies

           Chapter 5--Members of council

   PART 1--Membership

   51.     Principal member of council
   52.     Councillors

   PART 2--Term of office and related issues

           Division 1--General issues

   53.     Term of office
   54.     Casual vacancies
   55.     Specific requirements if member disqualified
   55A.    Leave of absence--council member contesting election

           Division 2--Special provisions if majority of members resign on specified grounds

   56.     General election to be held in special case
   57.     Restriction on activities during the relevant period

   PART 3--Role of members

   58.     Specific roles of principal member
   59.     Roles of members of councils
   60.     Declaration to be made by members of councils
   61.     Access to information by members of councils

   PART 4--Member integrity and behaviour

           Division 1--Member integrity

              Subdivision 1--General

   62.     General duties

              Subdivision 2--Register of Interests

   64.     Interpretation
   65.     Lodging of primary returns
   66.     Lodging of ordinary returns
   67.     Form and content of returns
   68.     Register of Interests
   69.     Provision of false information
   70.     Publication of Register
   71.     Restrictions on publication
   72.     Application of Subdivision to members of committees and subsidiaries

              Subdivision 3--Gifts and benefits

   72A.    Register of gifts and benefits

              Subdivision 4--Conflicts of interest

   73.     Preliminary
   74.     General conflicts of interest
   75.     Material conflicts of interest
   75A.    Exemptions and other matters
   75B.    Dealing with general conflicts of interest
   75C.    Dealing with material conflicts of interest
   75D.    Application of Subdivision to members and meetings of committees and subsidiaries

           Division 2--Member behaviour

   75E.    Behavioural standards
   75F.    Council behavioural support policies

           Division 3--Health and safety duties

   75G.    Health and safety duties

   PART 5--Allowances and benefits

   76.     Allowances
   77.     Reimbursement of expenses
   78.     Provision of facilities and support
   79.     Register of allowances and benefits
   80.     Insurance of members

   PART 6--Training and development

   80A.    Training and development

   PART 7--Other matters

   80B.    Suspension--member of council subject to intervention order

           Chapter 6--Meetings

   PART 1--Council meetings

   81.     Frequency and timing of ordinary meetings
   82.     Calling of special meetings
   83.     Notice of ordinary or special meetings
   84.     Public notice of council meetings
   85.     Quorum
   86.     Procedure at meetings

   PART 2--Committee meetings

   87.     Calling and timing of committee meetings
   88.     Public notice of committee meetings
   89.     Proceedings of council committees

   PART 3--Public access to council and committee meetings

   90.     Meetings to be held in public except in special circumstances
   90A.    Information or briefing sessions

   PART 4--Minutes of council and committee meetings and release of documents

   91.     Minutes and release of documents

   PART 5--Code of practice

   92.     Access to meetings and documents--code of practice

   PART 6--Meetings of electors

   93.     Meetings of electors

   PART 7--Related matters

   93A.    Audits by Ombudsman
   94.     Investigation by Ombudsman
   95.     Obstructing meetings

           Chapter 7--Council staff

   PART 1--Chief executive officer

   96.     Council to have a chief executive officer
   97.     Vacancy in office
   98.     Appointment procedures
   99.     Role of chief executive officer
   99A.    Remuneration of chief executive officer
   100.    Council may have a deputy chief executive officer
   101.    Delegation by chief executive officer
   102.    Person to act in absence of chief executive officer
   102A.   Chief executive officer--performance review

   PART 2--Appointment of other staff

   103.    Appointment etc by chief executive officer
   104.    Remuneration etc of other employees
   105.    Register of remuneration, salaries and benefits
   106.    Certain periods of service to be regarded continuous

   PART 3--Human resource management principles

   107.    General principles of human resource management

   PART 4--Employee integrity and behaviour

           Division 1--Employee integrity

              Subdivision 1--General

   108.    Interpretation
   109.    General duty and compliance
   110A.   Duty to protect confidential information

              Subdivision 2--Register of Interests

   111.    Application of Subdivision
   112.    Interpretation
   113.    Lodging of primary returns
   114.    Lodging of ordinary returns
   115.    Form and content of returns
   116.    Register of Interests
   117.    Provision of false information
   118.    Inspection of Register
   119.    Restrictions on disclosure

              Subdivision 2A--Gifts and benefits

   119A.   Register of gifts and benefits

              Subdivision 3--Conflict of interest

   120.    Conflict of interest

           Division 2--Employee behaviour

   120A.   Behavioural standards

           Division 4--Protection from personal liability

   121.    Protection from personal liability

           Chapter 8--Administrative and financial accountability

   PART 1--Strategic management plans

   122.    Strategic management plans

   PART 2--Annual business plans and budgets

   123.    Annual business plans and budgets

   PART 3--Accounts, financial statements and audit

           Division 1--Accounts

   124.    Accounting records to be kept

           Division 2--Internal control and audit committee

   125.    Internal control policies
   126.    Audit committee

           Division 3--Financial statements

   127.    Financial statements

           Division 4--Audit

   128.    Auditor
   129.    Conduct of audit
   130.    CEO to assist auditor

           Division 5--Other investigations

   130A.   Other investigations

   PART 4--Annual reports

   131.    Annual report to be prepared and adopted
   131A.   Provision of information to Minister

   PART 5--Access to documents

   132.    Access to documents

   PART 6--Related administrative standards

   132A.   Related administrative standards

           Chapter 9--Finances

   PART 1--Sources of funds

   133.    Sources of funds

   PART 2--Financial arrangements

   134.    Borrowing and related financial arrangements
   135.    Ability of a council to give security
   136.    State Government not liable for debts of a council

   PART 3--Expenditure of funds

   137.    Expenditure of funds
   138.    Council not obliged to expend rate revenue in a particular financial year

   PART 4--Investment

   139.    Investment powers
   140.    Review of investments

   PART 5--Miscellaneous

   141.    Gifts to a council
   142.    Duty to insure against liability
   143.    Writing off bad debts
   144.    Recovery of amounts due to council
   145.    Payment of fees etc to council

           Chapter 10--Rates and charges

   PART 1--Rates and charges on land

           Division 1--Preliminary

   146.    Rates and charges that a council may impose
   147.    Rateability of land
   148.    Land against which rates may be assessed
   149.    Contiguous land

           Division 2--Basis of rating

   150.    General principles
   151.    Basis of rating

           Division 3--Specific characteristics of rates and charges

   152.    General rates
   153.    Declaration of general rate (including differential general rates)
   154.    Separate rates
   155.    Service rates and service charges

           Division 4--Differential rating and special adjustments

   156.    Basis of differential rates
   157.    Notice of differentiating factors
   158.    Minimum rates and special adjustments for specified values

           Division 5--Rebates of rates

   159.    Preliminary
   160.    Rebate of rates--health services
   161.    Rebate of rates--community services
   162.    Rebate of rates--religious purposes
   163.    Rebate of rates--public cemeteries
   164.    Rebate of rates--Royal Zoological Society of SA
   165.    Rebate of rates--educational purposes
   166.    Discretionary rebates of rates

           Division 6--Valuation of land for the purpose of rating

   167.    Valuation of land for the purposes of rating
   168.    Valuation of land
   169.    Objections to valuations made by council

           Division 7--Issues associated with the declaration of rates

   170.    Notice of declaration of rates

           Division 8--The assessment record

   172.    Chief executive officer to keep assessment record
   173.    Alterations to assessment record
   174.    Inspection of assessment record
   175.    Duty of Registrar-General to supply information

           Division 9--Imposition and recovery of rates and charges

   176.    Preliminary
   177.    Rates are charges against land
   178.    Liability for rates
   179.    Liability for rates if land is not rateable for the whole of the financial year
   180.    Service of rate notice
   181.    Payment of rates--general principles
   182.    Remission and postponement of payment
   182A.   Postponement of rates--Seniors
   183.    Application of money in respect of rates
   184.    Sale of land for non-payment of rates
   185.    Procedure where council cannot sell land

           Division 10--Miscellaneous

   186.    Recovery of rates not affected by an objection or review
   187.    Certificate of liabilities
   187A.   Administrative audits by Ombudsman
   187B.   Investigation by Ombudsman

   PART 2--Fees and charges

   188.    Fees and charges

           Chapter 11--Land

   PART 1--Local government land

           Division 1--Preliminary

   189.    Crown as owner of land

           Division 2--Acquisition of land

   190.    Acquisition of land by agreement
   191.    Compulsory acquisition of land
   192.    Assumption of care, control and management of land

           Division 3--Community land

   193.    Classification
   194.    Revocation of classification of land as community land
   195.    Effect of revocation of classification

           Division 4--Management plans

   196.    Management plans
   197.    Public consultation on proposed management plan
   198.    Amendment or revocation of management plan
   199.    Effect of management plan

           Division 5--Business use of community land

   200.    Use of community land for business purposes

           Division 6--Disposal and alienation of local government land

   201.    Sale or disposal of local government land
   202.    Alienation of community land by lease or licence

           Division 8--Register of community land

   207.    Register

   PART 2--Roads

           Division 1--Ownership of roads

   208.    Ownership of public roads
   209.    Ownership of fixtures and equipment installed on public roads
   210.    Conversion of private road to public road

           Division 2--Highways

   211.    Highways

           Division 3--Power to carry out roadwork

   212.    Power to carry out roadwork
   213.    Recovery of cost of roadwork
   214.    Contribution between councils where road is on boundary between council areas
   215.    Special provisions for certain kinds of roadwork

           Division 4--Power to require others to carry out work

   216.    Power to order owner of private road to carry out specified roadwork
   217.    Power to order owner of infrastructure on road to carry out specified maintenance or repair work
   218.    Power to require owner of adjoining land to carry out specified work

           Division 5--Names and numbers

   219.    Power to assign a name, or change the name, of a road or public place
   220.    Numbering of premises and allotments

           Division 6--Control of work on roads

   221.    Alteration of road
   222.    Permits for business purposes
   223.    Public consultation
   224.    Conditions of authorisation or permit
   225.    Cancellation of authorisation or permit

           Division 7--Moveable signs

   226.    Moveable signs
   227.    Removal of moveable sign

           Division 8--General provisions regulating authorised work

   228.    How work is to be carried out
   229.    Road to be made good

           Division 9--Survey marks

   230.    Survey marks

           Division 10--Register

   231.    Register

           Division 11--Miscellaneous

   232.    Trees
   233.    Damage
   234.    Council's power to remove objects etc from roads
   234A.   Prohibition of traffic or closure of streets or roads

   PART 3--Anti-pollution measures

   236.    Abandonment of vehicles
   237.    Removal of vehicles

   PART 4--Specific by-law provisions

   238.    Power to control access and use of land
   239.    By-laws about use of roads
   240A.   Roads vested in Commissioner of Highways

   PART 5--Other matters

   241.    Native title
   242.    Time limits for dealing with certain applications
   243.    Registrar-General to issue certificate of title
   244.    Liability for injury, damage or loss on community land
   245.    Liability for injury, damage or loss caused by certain trees
   245A.   Council may require bond or other security in certain circumstances

           Chapter 12--Regulatory functions

   PART 1--By-laws

   246.    Power to make by-laws
   247.    Principles applying to by-laws
   248.    Rules relating to by-laws
   249.    Passing by-laws
   250.    Model by-laws
   251.    Expiry of by-laws
   252.    Register of by-laws and certified copies
   253.    Revocation of by-law does not affect certain resolutions

   PART 2--Orders

           Division 1--Power to make orders

   254.    Power to make orders

           Division 2--Associated matters

   255.    Procedures to be followed
   256.    Rights of review
   257.    Action on non-compliance
   258.    Non-compliance with an order an offence

           Division 3--Policies

   259.    Councils to develop policies

   PART 3--Authorised persons

   260.    Appointment of authorised persons
   261.    Powers under this Act
   262.    Power of enforcement

           Chapter 13--Review of local government acts, decisions and operations

   PART A1--Member behaviour

           Division 1--Council to deal with member behaviour

   262A.   Complaints
   262B.   Behavioural management policy
   262C.   Action
   262D.   Reasons

           Division 2--Behavioural standards panel

              Subdivision 1--Preliminary

   262E.   Preliminary

              Subdivision 2--Behavioural standards panel

   262F.   Establishment and constitution
   262G.   Conditions of membership
   262H.   Acting member
   262I.   Meetings of Panel
   262J.   Remuneration and expenses
   262K.   Staff
   262L.   Validity of acts of Panel
   262M.   Costs
   262N.   Functions
   262O.   Delegation
   262P.   Annual report

              Subdivision 3--Inquiries and action on complaints referred to Panel

   262Q.   Referral
   262R.   Proceedings of Panel
   262S.   Assessment
   262T.   Inquiries
   262U.   Powers relating to inquiries
   262V.   Dispute resolution
   262W.   Action
   262X.   Reports on inquiries

   PART 1--Member integrity--complaints, investigations and proceedings

   263A.   Investigations by Ombudsman
   263B.   Outcome of Ombudsman investigation
   264.    Complaint lodged with SACAT
   265.    Hearing by SACAT
   266.    Constitution of SACAT
   267.    Outcome of proceedings
   268.    Application to committees and subsidiaries

   PART 2--Internal review of council actions

   270.    Procedures for review of decisions and requests for services
   271.    Mediation, conciliation and neutral evaluation

   PART 3--Reviews initiated by Minister

           Division 1--Councils

   271A.   Provision of information to Minister
   271B.   Minister may take steps to ensure reasonable standards are observed
   272.    Minister may refer investigation of council to Ombudsman
   273.    Action on report

           Division 2--Subsidiaries

   274.    Investigation of subsidiary
   275.    Action on a report

   PART 4--Special jurisdiction

   276.    Special jurisdiction

           Chapter 14--Miscellaneous

   PART 1--Ministerial delegations and approvals

   277.    Delegation by the Minister
   278.    Approval by Minister does not give rise to liability

   PART 2--Service of documents and proceedings

   279.    Service of documents by councils etc
   280.    Service of documents on councils
   281.    Recovery of amounts from lessees or licensees
   282.    Ability of occupiers to carry out works

   PART 3--Evidence

   283.    Evidence of proclamations
   284.    Evidence of appointments and elections
   285.    Evidence of resolutions etc
   286.    Evidence of making of a rate
   287.    Evidence of assessment record
   288.    Evidence of Government assessment
   289.    Evidence of registers
   290.    Evidence of by-law
   291.    Evidence of boundaries
   292.    Evidence of constitution of council, appointment of officers etc
   293.    Evidence of costs incurred by council

   PART 4--Other matters

   294.    Power to enter and occupy land in connection with an activity
   296.    Reclamation of land
   297.    Property in rubbish
   298.    Power of council to act in emergency
   300.    Costs of advertisements
   301.    River, stream or watercourse forming a common boundary
   302.    Application to Crown
   302A.   Local government sector employees
   302B.   Public health emergency
   303.    Regulations
           SCHEDULE 1--Provisions relating to organisations that provide services to the local government sector
           SCHEDULE 1A--Implementation of Stormwater Management Agreement
           SCHEDULE 1B--Building upgrade agreements
           SCHEDULE 2--Provisions applicable to subsidiaries
           SCHEDULE 3--Register of Interests--Form of returns
           SCHEDULE 4--Material to be included in annual report of council
           SCHEDULE 5--Documents to be made available by councils
           SCHEDULE 6--Charges over land
           SCHEDULE 8--Provisions relating to specific land
           SCHEDULE 9--Suspension of members
           Legislative history